Planning data regulations may make provision requiring a relevant planning authority to make such of its planning data as is specified or described in the regulations available to the public under an approved open licence.
The power under subsection (1) does not include power to require a relevant planning authority to make planning data available in breach of—
any obligation of confidence owed by the authority, or
any other restriction on making the planning data available (however imposed).
An "approved open licence", in relation to a planning authority's planning data, means a licence—
which sets out terms and conditions under which the planning data may be used by the public free of charge, and
which is in such form and has such content as is, for the time being, specified or described in a document published by the Secretary of State.